Using the Right Mediators for a Divorce Case

Mediation is a common practice in different arenas of American private or business life, and mediation can be useful in such practices as divorce or with a divorce lawyer, family mediation, a bankruptcy case, an employee injury case, or even for disputes or negotiations between businesses. Divorce help may involve lawyers and/or those who specialize in mediation, and this can go a long way toward making any debate, discussion, or other negotiation smoother and more productive. A mediator does not actually take sides or offer their own advice, but rather, attempts to draw out the best in all parties involved in a proceeding. This is a common theme among mediators for different arenas. Where might mediation be needed?

A Divorce Case

Marriage is a standard and time-honored institution, but many are aware that today in the United States, divorce, the legal end of a marriage, is also fairly common. This can be a neat and quick affair in some cases, or a messy, complicated, bitter conflict in others, especially if under-18 children or a lot of money or other assets are involved. Why do Americans get divorced? Studies have shown that the single most common reason for filing for divorce is infidelity, and other common causes include drug or alcohol abuse, violence or the threats thereof, sexual abuse, or other issues such as a simple lack of personal compatibility or great differences in lifestyle or spending habits. Typically, one spouse will file for divorce and may often get the aid of a divorce lawyer, and this may prompt the other spouse to get their own lawyer to defend their interests.

The cost of a divorce in the United States may vary from $15,000 to nearly $42,500 or so, and factors such as the length of the proceedings, the quality of hired lawyers, and court time may impact the price. And whether a divorce is a lengthy procedure or a simple and short one, and whether or not lawyers are involved, the divorcing spouses may opt to get mediation involved. This may be especially helpful if the spouses have not hired divorce lawyers. In this case, the spouses will make use of the mediators to make sure that the divorce is smooth, fair, and productive. A mediator will not give unsolicited advice or take sides, but rather, will help each party determine the most productive course of action. A mediator can also help maintain open and honest communication between the two parties to keep things going smoothly, and as described above, a mediator, to put it simply, works to bring out the best in each side to resolve an issue. This makes a mediator a sort of coach who also works to prevent unfair or unhelpful behavior, and this can be highly helpful for divorcing spouses who are trying to figure out their post-marital lives and finances.

Court and Business

Even when all parties involved in a dispute are business professionals rather than divorcing citizens, a mediator can do a lot of good. For example, many smaller companies across the United States file for bankruptcy every year, and they are seeking debt relief in a bankruptcy court with their creditors. But this is a place that may invite predatory or unfair behavior, so a mediator can be involved to keep the debtor and creditors alike communicating honestly and productively. A mediator may not necessarily save a debtor from total liquidation, but a mediator can help prevent unfair or aggressive tactics on the creditors’ side, and prevent evasive dishonesty from the debtor. This allows both parties to reach an agreement about the outstanding debts involved.

Similarly, a business setting is a fine place for mediation. When two companies are negotiating a deal where a lot of money or assets on the line, it may help to have an objective third party involved that brings out the best in everyone. A similar concept to this is an executive coach, who is a sort of one-sided mediator for a single client. In this case, an executive coach will help a manager figure out new and better methods of business management, communication, and for setting goals and expectations. This may be helpful for a new manager, or one with a disagreeable personality.

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